08.b1 Resolution 2022-25 Fernholz Variance
CITY OF SCANDIA, MINNESOTA
CC RESOLUTION NO. 2022-25
APPROVING VARIANCES FOR PARCEL 29.032.20.14.0023,
LOCATED AT 12090 196TH STREET NORTH
WHEREAS, Greg Fernholz has made an application for a variance to construct a deck
located within the required setback from Big Marine Lake as well as within the east and west
side yard setbacks, on property addressed as 12090 196th Street North; and
WHEREAS, the property is legally described as follows:
LOT 6 BLOCK 2 BECKSTROM ADDITION; and
WHEREAS, the Planning Commission reviewed the request for variances at a duly
noticed Public Hearing on July 5, 2022, and recommended that the City Council approve the
variances with conditions;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does approve a 52.4 foot variance request from the minimum 100 foot setback from
Big Marine Lake, an 11.3 foot variance from the minimum 20 foot setback from the west side
property line, and an 6.7 foot variance from the east side property line, in order to construct a
deck, located at 12090 196th Street North, based on the following findings:
1. The Plan notes an objective in the Land Use section to “conduct development in a
manner that is sensitive to the impact upon natural features and to environmental
constraints, including but not limited to scenic views, surface water, wetlands, slopes,
woodlands, vegetation, drainage ways, shorelands, and flood plain areas”. The
dimensions of the lot, and the placement of existing structures, are already
nonconforming to the standards of the Development Code and limit areas where the
proposed deck could be without triggering a variance. The City finds the request is in
general harmony with the Comprehensive Plan and Development Code.
2. The current use of the property is for single family residential, which would not
change if this variance request is approved. The only change would be in having a
deck on the lake side of the house. Proposing to continue to use the property for
residential use is a reasonable use.
3. The practical difficulties are due to the limited amount of land not located within
required setbacks due to the size of the lot, and the existing house on the site not
meeting minimum setbacks. The lot, due to not meeting the minimum size and width
required in the Development Code, has little land located outside of setbacks. The
CC Resolution No.: 2022-25
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house is located within three required setbacks as well. The house and lot dimensions
predate the Development Code, and the current owners. The practical difficulties are
not caused by the current landowner and are unique to the property.
4. The use and function of the property would remain residential. The proposed deck
should not stand out when compared to development on other nearby properties, and
would not impact the use and enjoyment of the lake by neighboring property owners.
Granting the variances should not alter the essential character of the area.
5. The practical difficulties are due to the limited amount of land not located within
required setbacks due to the size of the lot, and the existing house on the site not
meeting minimum setbacks. The practical difficulties are not only economic in
nature.
6. Granting the requested variances would not result in limiting light or air to
neighboring properties. The land use will not change, so increases to congestion, fire
danger, or public safety are not expected. The property values of neighboring values
should not be negatively impacted, either, if the request is granted. The requested
variance will not impair the supply of light or air to adjacent properties, increase
congestion, endanger the public, or substantially diminish or impair property values
in the neighborhood.
7. Over half of the parcel is located within the 100 foot setback from the lake. The
nonconforming size and width of the lot results in limited areas not within the two
side yard setbacks. The only locations outside of all required setbacks would be away
from the house, which would defeat the purpose of the deck. Apart from reducing the
size of the deck, there are not options available to eliminate the practical difficulties
facing the applicant. The requested variance appears to be the minimum action
required to eliminate the practical difficulty of the lot lacking buildable areas outside
required setbacks.
8. The variance is not related to a need for direct sunlight for solar energy systems.
FURTHER BE IT RESOLVED that the following conditions of approval shall be met:
1. The proposed project shall be built as shown on the site plans submitted to the city and
reviewed with this request.
2. The applicant shall secure any applicable permits from the Watershed District, and
comply with their requirements.
3. The applicant shall secure applicable permits from the City for the request.
4. The applicant shall secure any other applicable Federal, State, County, and local
permits required for the project.
5. The applicant shall pay all fees and escrows associated with this application.
CC Resolution No.: 2022-25
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Adopted by the Scandia Planning Commission this 19th day of July, 2022.
_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Ken Cammilleri, City Administrator